PCRLJ 1997

1997 P Cr (PLP)

AMIRUZ ZAMAN alias AMIRO — Applicant Versus THE STATE and another — Respondents

Jurisdiction / Court
Karachi
Decided Date
1997-March-31
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1997 P Cr (PLP)
Forum / Court Karachi
Bench Members N/A
Parties AMIRUZ ZAMAN alias AMIRO — Applicant Versus THE STATE and another — Respondents
Primary Law (a) Sindh Crimes Control Act (IV of 1975), (b) Sindh Crimes Control Act (IV of 1975)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1997 P Cr (PLP)?

This judgment primarily cites: (a) Sindh Crimes Control Act (IV of 1975), (b) Sindh Crimes Control Act (IV of 1975) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1997 P Cr (PLP)?

The case was heard and decided by the Karachi bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1997 P Cr (PLP) (AMIRUZ ZAMAN alias AMIRO — Applicant Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(a) Sindh Crimes Control Act (IV of 1975) (b) Sindh Crimes Control Act (IV of 1975)

Representation

  • A.R. Muhammad Kazi for Applicant. Ghulam Nabi Soomro, Addl. A.-G., Sindh for Respondents.

Headnotes / Summary

S. 6

Preventive detention

Mere listing of some cases in the police report cannot be a substitute for the details of information required to be furnished under S.6 of the Sindh Crimes Control Act, 1975.

Judgment & Decree

S. 6

Preventive detention

Mere listing of some cases in the police report cannot be a substitute for the details of information required to be furnished under S.6 of the Sindh Crimes Control Act, 1975. A.R. Muhammad Kazi for Applicant. Ghulam Nabi Soomro, Addl. A.-G., Sindh for Respondents. Date of hearing: 31st March, 1997. By this application the applicant seeks quashment of proceedings of Case No.319 of 1996 under section 14 of the Sindh Crimes Control Act, 1975 pending before the S.D. M./Tribunal, Sanghar. The above proceedings have been initiated on the basis of a report submitted by the S.H.O., Sanghar Police Station alleging that the applicant is a dangerous person, harbours criminals, carries weapons, his remaining at large encourages the criminals and is hazardous to the general public. Except for these general and vague allegations no specific instance has been cited against the applicant. The report does not give, details of time and place of the acts with which the applicant is charged and is lacking in other particulars too. In his report the Police Officer has cited 5 cases in which the applicant is allegedly involved. However, again no other particulars of applicant's involvement in these cases is given.. It is not even mentioned if the applicant is named in the F.I.Rs. or not. In any event mere listing of some cases in the report cannot be substitute for the details of information required to be furnished under section 6 of the Sindh Crimes Control Act. In support of the allegations no private witness has been cited and the three witnesses named in the report are all Police personnel. Apart from the unsatisfactory nature of the report, I find that the order passed by the S.D. Md Tribunal under section 5 is based on substance extraneous to the report, in that, according to the aforesaid order of the S.D.M./Tribunal the applicant "is habitual thief, cattle lifter, receiver of stolen property, an accepter of Bhung money and a constant nuisance to, the public". In travelling beyond the allegations in the report the S.D.M. has clearly disregarded the provisions of section 4 of the Act. In the above circumstances, the proceedings before the S.D.MJ Tribunal are not sustainable. As. such I allow this application and quash the proceedings of Case No.319 of 1996 under section 14 of the Sindh Crimes Control Act, 1975, pending before the S.D. M./Tribunal, Sanghar. The applicant is present on bail. His bail bond is hereby discharged.

2. In view of the above order this application has become infructuous and is disposed of as such. N.H.Q./A-111/K Proceedings quashed.